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(영문) 대전지방법원 2014.01.22 2013노718
사기등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that at the time of withdrawal of the auction of this case, Defendant A’s fraud against Defendant A’s victim I, J, and K had a large amount of debt and the Defendant was in bad credit standing at the time of withdrawal of the auction of this case, and that the Defendant did not fully repay his debt to the above victims even though he borrowed money as collateral after the withdrawal of the auction, the lower court acquitted Defendant of this part of the facts charged. The lower court erred by misapprehending the facts, thereby affecting the conclusion of the judgment. (2) The lower court acquitted Defendant A of this part of the facts charged, which led to an error of law that affected the conclusion of the judgment. (3) The lower court acquitted Defendant A of this part of the facts charged, on the ground that “A shall not participate in any invoice,” and the content of “Agreement” forged by Defendant A’s use of the forged private document and the use of the falsified investigation document is likely to result in the result that I could not take civil criminal measures against Defendant A, and thus, it is related to rights and duties.

3) In light of the fact that Defendant C’s fraud was the fact that the Defendant financed funds in the course of running the mine business A and B, the victim V also purchased the instant real estate through the introduction of the Defendant, and the Defendant was paid part of the down payment due to the conclusion of the trade contract on the instant real estate, etc., the lower court found Defendant was not guilty of this part of the charges, even though he was found to have participated in the fraudulent act against Victim A and B’s victim V. However, the lower court erred by misapprehending the facts, thereby affecting the conclusion of the judgment. Furthermore, the lower court erred by misapprehending the facts, which affected the conclusion of the judgment.

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